Council banding......

Elson6

I'm hoping for some advice please,
We are currently private renting and our landlord has just served us with a section 21. We have until October. 
We were already on the council housing register,  placed on the lowest band (4) 
I want to know whether being served an eviction notice from our private rental will move us up the banding for social housing, and if so when does this happen. I didnt want to end up with our landlord taking us to court to claim back the property, but ive seen some people saying that's what it takes for the council to take action. I want to avoid that at all costs. We are a family of 6, and i want to minimise the stress as much as possible for the kids (and grown ups too) 🥴
We are in a position where we don't have many options..... took out an IVA last year because we were expecting to stay living here for the duration of the IVA, now we will struggle to be able to private rent again and are not able to get a mortgage. 
Any (non judgemental) advice or similar experiences would be greatly appreciated. 

HampshireH

Being served notice won't.

However have you updated the council on your financials. It may be worth asking for s meeting with their housing officer.

Elson6

Thanks, yes I have spoken to them a few times and tried to explain, but its 50/50 whether I get someone that is actually helpful... so far I've not been lucky.
Is it a case of waiting until we would be classed as "risk of homelessness" or until we are actually out on the street before they will move us to a higher band? 

theartfullodger

Elson6 said:

I'm hoping for some advice please,
We are currently private renting and our landlord has just served us with a section 21. We have until October. 

.... 
......
I want to know whether being served an eviction notice from our private rental will ............................

No, not October:  An s21 (even if valid, many are not) does not end a tenancy nor compel tenant to leave. It merely permits landlord, on expiry (presumably October) to start court eviction process.  Probably another 6-12 months after that, what with the cr*****l Johnson's mess up of the courts and covid.

You have not been served with an eviction notice: Only a court then bailiffs can do that.

Good luck!

AdrianC

You haven't been served "an eviction notice". You've been served notice of the landlord's intention to seek possession. That's not instant... Once the notice expires, the landlord can join the LONG queue for a possession hearing. If he's got all his paperwork right, he might get it by mid 2023.

And, yes, that court-ordered possession is indeed what the local authority will require... Because, until then, you have a place to live.

Then you'll be found emergency housing - you won't just get the keys to your permanent council house straight away.

justworriedabit

Hi

We've never rented but we are L's but never had to evict anyone.

What  the bad tenants tv show, if you are living from hand to mouth, have children under a certain age, then evicted by baliffs, the council is obliged to rehouse you. This may not be your circumstances but I thought I'd mention it, ie when baliffis evict you effectively become homeless but need children under a certain age living with you but look it up.

Why not rent another place?

sheramber

What is the housing situation in your council area?

Do the council have an empty house available?

It is possible you will moved to temporary accommodation only.

Do you council have any system to help you rent on the private sector, such as deposit help.

Elson6

Justvworriedabit...... I think we will have problems privately renting because of the iva and credit checks.....

Elson6

Sheramber... there seems to be a regular amount of houses each week from what I've seen... we are allocated 3 beds, and on average there is around 4-6 of these each week. 

Elson6

Theartfullodger..... one of my worries with this is that we will end up having to pay court fees....?

macman

The LA will not act until such time as you are actually evicted: they won't offer you temporary accomm on the basis that a possession order has been granted and that you might be evicted.
Yes, if you stay beyond the notice period then your LL can claim for their costs when seeking a possession order.